Court of Appeal

CASE NO.                                     VOL. NO.                                            PAGE

PAFCO INSURANCE COMPANY                                                              RUSSELL LOGAN

                                                      - and -                                                                       

(Appellant)                                                                                                                (Respondent)

CA 157776                                               Halifax, N.S.                                      BATEMAN, J.A.

                      [Cite as: Pafco Insurance Company v. Logan,  2000 NSCA 58]

APPEAL HEARD:                                 March 29, 2000

JUDGMENT DELIVERED:                 April 28, 2000

SUBJECT:         Standard Automobile Policy Section B, loss of income benefits.

SUMMARY:                            Mr. Logan was injured in a motor vehicle accident.  He was a plumber's apprentice but not working at the time of the accident.  Insurer denied loss of income benefits, it being a condition of receipt that he be "employed" at the date of the accident.  Pursuant to the Policy, a claimant is entitled to benefits if employed or "deemed" employed within Part II subsection 3 of the Policy.  Trial judge found that Mr. Logan was employed within the deeming provisions.  Insurer Pafco appealed.

ISSUES:                                        Did the trial judge err in holding that Mr. Logan was "actively engaged in an occupation or employment for wages or profit at the date of the accident" or, alternatively, that he had been so engaged for six of the previous twelve months, thus was deemed to be employed at the date of the accident?

RESULT:            Appeal allowed.  Judge committed reversible errors of both fact and law.